Opting out of a RTM Group - what rights are left to leaseholders outside this group?

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    Opting out of a RTM Group - what rights are left to leaseholders outside this group?

    The RTM group is divided into three against two on every single issue. Being one of the two, if I opt out of the RTM group, as a long term leaseholder and resident, what advantages are there in being able to make this little cabal more accountable? Please advise.

    #2
    Firstly, you don't lose any leaseholder’s rights due to being a member of a RTM.
    If the RTM isn't a bidding by the terms of the lease you can challenge costs that you haven't already agreed with using your rights as a leaseholder.

    It might help people to advise you if you can give some details of the disagreements and what the leases say about the matters concerned.

    Comment


      #3
      Originally posted by rebel999 View Post
      The RTM group is divided into three against two on every single issue.
      Hi. RTM membership does not automatically include all leaseholders unless they sign up as guarantors. Do you mean that the membership total is 5, or that the directors total is 5 or what?

      Originally posted by rebel999 View Post
      if I opt out of the RTM group, what advantages are there in being able to make this little cabal more accountable? Please advise.
      Do you mean resign as a director or resign from the RTM company? Opting put of the company does not help you to make it more 'accountable' than you can as a member. You already have your leaseholder rights anyway, such as they are worth, to take the RTMC to tribunal over service charges etc. You can't take the company directors to tribunal for being a right shower. That's where the power of members acting together under the articles and CA 2006 come in to sack and replace the coves in charge.

      It is a majority vote thingy on the board and at company meetings, though they cannot vote to change your rights and liabilities under your lease.



      Do not read my offerings, based purely on my research or experience as a lessee, as legal advice. If you need legal advice please see a solicitor.

      Comment


        #4
        Thank you Macromia. Issues are never getting competitive quotes for any large work required and no supervision of said work when it is finally carried out. Two directors simply deciding on expenses without an agreed limit that should require consultation, Refusal to look at the services offered by management companies - they stick with.a useless company they have used for years as the owner is friends with directors. When we submitted other better options, it was a simple 3-2 and suggestions thrown out. I figure that being outside the RTM group, I can then challenge them on more issues.

        Comment


          #5
          Yet another Dad's army RTM . Usual scenario means your long term costs will be greater and your property devalued.
          As you say, you may be better resigning your position and disputing the service charge, especially if section 20 consultations have not been complied with.
          You really need a decent independent managing agent who can set a realistic budget.
          Is there a separate freeholder you can involve who has a interest in the property being well managed ?

          Comment


            #6
            Thank you Section 20z. There are two self-appointed directors and a 3rd toady who was also self-appointed but quit. I am a mere "member" but just want out. The majority refuse to appoint or even look at employing a real management agent which is desperately needed. The freeholder does not appear interested. Ideally, I would just sell up but as you know central London property prices for flats are down right now. Presumably, I can just write to the RTM group and announce my resignation.

            Comment


              #7
              It looks very much like your managing agent is in control and is being supported by the directors, I cannot see that resigning as a member of the RTMC assists you. If you are unable to obtain a majority of members to agree with you, your best options appear to be to challenge the reasonableness of the service charges or seek the appointment of a manager. You are likely to require specific evidence of being overcharged, s20 consultation alone is unlikely to assist you.

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